This year's articles about "May 14 holiday, travel on holiday" and "any day is a holiday as long as you are brave" are popular in the circle of friends. Some netizens also plan to ask for sick leave to travel on a long holiday. But some people lost their jobs because of fighting for fake. What's the matter?
In this regard, the judge of labor dispute division of Beijing Haidian court reminded that it is not feasible to ask for sick leave to travel, so be careful to lose your job. Last year, a female employee was dismissed by the company because she asked for sick leave to take a holiday and take a photo in her circle of friends. She sued the company and asked the company to pay compensation for the illegal termination of labor relations, which was eventually refuted.
Miss Bai joined a technology company for R & D and testing the year before last, and the two sides signed a three-year labor contract. Before May 1 last year, she submitted her diagnosis certificate, medical record manual and medical expense receipt to the company by e-mail, saying that she had a headache and could not bear to see a doctor. The doctor thought that her cervical spine problem was serious and she needed to rest in bed for two weeks. After further examination, she decided whether she needed to be hospitalized.
Two weeks after the company approved the leave, Miss Bai did not come to work. However, after May Day, the technology company sent her a notice of termination of labor contract by mail. She was dismissed on the ground that she provided false information to maliciously cheat the company and traveled abroad during sick leave. After that, Miss Bai filed labor dispute arbitration and litigation successively, demanding the company to pay compensation for illegal termination of labor relations.
In the lawsuit, Miss Bai presented the diagnosis certificate, medical record manual and medical expense receipt, saying that the hospital diagnosed her illness and ordered her to take sick leave. However, the company said that out of trust and love for its employees, the company approved leave during the key period of R & D test and paid her sick leave salary. However, instead of staying in bed, she went to Saipan for a holiday. The company submitted a screenshot of Miss Bai's circle of friends, which showed that she was on vacation during her 'sick leave', parachuting and diving in the local area, and believed that her condition of 'need to rest in bed' could not bear long-distance flight and diving. Miss Bai said that during her sick leave, she has the right to go out to recuperate and relax.
Finally, the court supported the company's claim that the workers seriously violated the labor discipline and rules and regulations of the employing unit, contrary to mutual respect and trust, resulting in the loss of the basis for the continued performance of the labor contract. Although the employer has no right to limit the place of leave for the employee, the behavior of the employee during the leave period should be consistent with the reason for asking for leave. Miss Bai refused to provide true information, violated the principle of good faith and enterprise rules and regulations, and had a bad impact on the working order and management of the employer. Therefore, it is not improper for the company to terminate the labor relationship between the two parties.
Judge Cai Xiao of the labor dispute division of Haidian court held that Miss Bai's taking sick leave to travel before May day not only violates the rules and regulations of the employing unit, but also violates the most basic principle of good faith. Therefore, the employer has the right to terminate the labor relationship with the employer without paying the termination compensation or illegal termination compensation, which can be described as "fighting for the fake for a while and crying for the unemployed".